Case Summary
Janardhanan Pillai filed a suit against Bindhu and others for encroaching into his property. The plaintiff seeks a permanent injunction to prevent the defendants from cutting open a new pathway through his land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from encroaching into the plaint schedule property.
Why Plaintiff Won:
The plaintiff established his case through unchallenged evidence.
The plaintiff established his case through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established his case through unchallenged evidence.
The plaintiff established his case through unchallenged evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established this case.
Judgment Evidence:
In the result, the suit is decreed as follows: A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from encroaching into the plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Janardhanan Pillai
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindhu
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mohanan Pillai
- Party Age
- 55
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Sudarsanan Pillai
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hameed
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Sale deed No. 3391/2006, Tax receipt No. KL01060708403/2021, Certified copy of Resurvey plan of resurvey No. 31/6.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. V.Shinu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction granted in favor of the plaintiff.
Evidence:
So the plaintiff is entitled to get a decree of permanent prohibitory injunction.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim regarding the property.
Reference:
Ext.A2
Document Type:
Resurvey Plan
Submitted By:
Plaintiff
Relevance:
Clarifies the boundaries of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings relevant to the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation relevant to the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Janardhanan Pillai vs Bindhu et al regarding permanent prohibitory injunction.
Case Code Year
Case between Janardhanan Pillai vs Bindhu et al regarding permanent prohibitory injunction.